Is it legal for companies that do not have legal business qualifications to employ employees?

The employment of companies that do not have legal business qualifications is also illegal, and it is an illegal employment unit

1) The lack of legal business qualifications mainly refers to the fact that the unit has not obtained the corresponding business license in accordance with the provisions of relevant laws and has the corresponding business qualifications. An employer that does not have legal business qualifications is an illegal employer and may apply the provisions of Article 93 of the Labor Contract Law.

2) Employers that do not have legal business qualifications will be investigated for legal responsibility in accordance with the law. For unlicensed business activities, the administrative department for industry and commerce shall ban them in accordance with the law and confiscate the illegal gains; where the criminal law is violated, criminal responsibility shall be pursued in accordance with law; where it is not sufficient for criminal punishment, a fine of up to 20,000 yuan is to be imposed; where the scale of unlicensed business activities is relatively large and the harm to society is serious, a fine of between 20,000 and 200,000 RMB is to be imposed; Where unlicensed business activities endanger human health, have major potential safety hazards, threaten public safety, or damage environmental resources, the tools, equipment, raw materials, products (commodities) and other property specially used to engage in unlicensed business operations shall be confiscated, and a fine of between 50,000 and 500,000 RMB shall be imposed. Where laws and regulations provide otherwise for the punishment of unlicensed business operations, follow those provisions.

3) Employers that do not have legal business qualifications cannot escape their responsibilities and obligations under the labor law. If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

Even if an employer that does not have legal business qualifications is dealt with by the administrative department for industry and commerce in accordance with the law, especially after it is banned in accordance with the law, the unit or its investor shall still pay the labor remuneration, economic compensation and compensation to the employee. A unit that has been banned in accordance with the law cannot refuse to pay the worker's remuneration, economic compensation, or compensation on the grounds that it has been banned or does not exist.

4) If an employer that does not have legal business qualifications causes damage to a worker, the unit being dealt with or its investor shall be liable for compensation.

1. Article 93 of the Labor Contract Law stipulates that the illegal and criminal acts of employers that do not have legal business qualifications shall be investigated for legal responsibility in accordance with the law; If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

Article 33 of the "Regulations on the Supervision of Labor and Social Security" stipulates that the administrative department for labor and social security shall carry out labor security supervision in accordance with these Regulations for those who do not have a business license or whose business license has been revoked in accordance with the law, and shall promptly report to the administrative department for industry and commerce to investigate and ban it.

2. Workers can still apply for arbitration in accordance with the law, but there may be more detailed regulations in various places. For example, Guangdong Province's "Minutes of the Symposium on Several Issues Concerning the Trial of Labor and Personnel Dispute Cases" 34

The scope of liability of an employer or its investor who does not have legal business qualifications shall be limited to the content stipulated in Article 93 of the Labor Contract Law, i.e., labor remuneration, economic compensation, compensation and liability for damages.

It does not include double the difference in wages for which a written employment contract has not been signed. Losses such as medical expenses, unemployment benefits and maternity benefits caused by the failure of an employer without legal business qualifications to participate in social insurance for an employee are considered damages.

Limitation of Liability.

Analysis of the Law and the Law:

Employers that do not have legal business qualifications are illegal employers, and may apply the provisions of Article 93 of the Law on Labor Convergence and Lack of Uniformity, and pursue legal responsibility in accordance with law; If a worker has already paid for the labor, the unit or its investor shall pay the laborer remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

Legal basis: Labor Contract Law of the People's Republic of China Article 93 The illegal and criminal acts of employers that do not have legal business qualifications shall be investigated for legal responsibility in accordance with law; If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

Analysis of the Law and the Law:

Employers that do not have legal business qualifications are illegal employers, and may apply the provisions of Article 93 of the Law on Labor Convergence and Lack of Uniformity, and pursue legal responsibility in accordance with law; If a worker has already paid for the labor, the unit or its investor shall pay the laborer remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

Legal basis: Labor Contract Law of the People's Republic of China Article 93 The illegal and criminal acts of employers that do not have legal business qualifications shall be investigated for legal responsibility in accordance with law; If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

Legal analysis: An employer that does not have legal business qualifications is an illegal employer, and may apply the provisions of Article 93 of the Labor Contract Law to pursue legal liability in accordance with the law; If a worker has already paid for his or her work, the unit or its investor shall, in accordance with the relevant provisions of this Law, pay the worker a rough labor remuneration, economic compensation, and compensation; If any damage is caused to the laborer, he shall be liable for compensation.

Legal basis: Labor Contract Law of the People's Republic of China Article 93 The illegal and criminal acts of employers that do not have legal business qualifications shall be investigated for legal responsibility in accordance with law; If the worker has already paid the labor, the unit or its investor shall pay the labor remuneration, economic compensation and compensation to the worker in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

Article 93 of the Labor Contract Law stipulates that an employer that does not have legal business qualifications shall be investigated for legal liability in accordance with the law for illegal and criminal acts; If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

1. Provide the original ID card of the legal person, shareholders and supervisors (at least two), the legal person must be at least 18 years old, and can provide the original ID card.

2. Think of the company name, at least 5 or more, check the name for 5 working days at one time, and wait for 5 working days for rejection, so it is recommended that your company name is best two words, a combination of favorite words and a remote point, so that it is easier to pass;

3. After getting the industrial and commercial approval name notice, the orange stupid nuclear identity.

4. The business license contains various chapters (under normal circumstances, it takes about 21 working days for the name to be successfully passed, and it will be faster to cooperate well, if you need urgent service, Pulan can also issue a license in 3-5 working days, please consult for details).

5. Handle the basic account of the company.

6. Handle tax related.